IN THE CASE OF:
BOARD DATE: 7 April 2009
DOCKET NUMBER: AR20080019129
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Combat Infantryman Badge (CIB).
2. The applicant states, in effect, that he served in a combat infantry unit during Operation Iraqi Freedom, that the request for the CIB was submitted by his unit prior to his redeployment for retirement out processing, and that he would like his DD Form 214 (Certificate of Release or Discharge from Active Duty) to properly reflect award of the CIB.
3. The applicant provided copies of his DD Form 214 with a separation date of 7 February 2008; and Headquarters, 4th Infantry Division Orders 041-02 dated 10 February 2006 in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show that he enlisted in the Regular Army on 4 August 1986. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman). He continued to serve on consecutive reenlistments. He was honorably released from active duty on 28 February 2007, by reason of sufficient service for retirement and transferred to the U.S. Army Reserve (UAR) Control Group (Retired). Records show he served 20 years, 2 months, and 28 days of active Federal service. The highest rank/grade he attained during his military service was first sergeant (1SG)/pay grade E-8.
2. The applicant's Enlisted Record Brief (ERB), dated 6 December 2006, shows that he was assigned as the First Sergeant of B Company, 1st Battalion, 67th Armor Regiment from 18 October 2004 to 27 February 2006 and then as the Arrival and Departure Airfield Control Group Noncommissioned Officer in Charge (NCOIC) for Headquarters and Headquarters Company, 2nd Brigade, 4th Infantry Division from 28 February 2006 until his retirement.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the CIB.
4. Section VII (Awards and Decorations) of the applicant's ERB does not show award of the CIB.
5. Headquarters, 4th Infantry Division Orders 041-02, dated 10 February 2006, shows that the applicant was assigned to USCENTCOM [U.S. Central Command] on temporary change of station orders with an effective reporting date of 14 February 2006.
6. The applicant was awarded the Bronze Star Medal on 2 September 2006 with the publication of 4th Infantry Division Permanent Orders 245-214 for his meritorious service as the Arrival and Departure Airfield Control Group NCOIC and as First Sergeant of B Company, 1st Battalion, 67th Armor Regiment during Operation Iraqi Freedom.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the Combat Infantryman Badge. That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge: an infantryman satisfactorily performing infantry duties; assigned to an infantry unit during such time as the unit is engaged in active ground combat; and actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the CIB. A recipient must be personally present and under hostile fire while serving in an assigned infantry or Special Forces primary duty, in a unit actively engaged in ground combat with the enemy.
DISCUSSION AND CONCLUSIONS:
The applicant's infantry MOS and his service in combat in support of Operation Iraqi Freedom are not in question. However, there is no evidence showing publication of military orders awarding him the CIB in the applicant's available military personnel record and the applicant did not submit evidence that shows
he was assigned to an infantry unit of brigade, regimental, or smaller size, or that he was an active participant in combat operations under hostile fire while assigned to that infantry unit. In the absence of evidence that the applicant actively participated in combat under hostile fire and while assigned to an infantry unit, there is insufficient evidence upon which to base award of the CIB in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_________X______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080019129
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ABCMR Record of Proceedings (cont) AR20080019129
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